Terms & Conditions

 

Last Updated: May 2021

 

 

 

uCloudlink (America) Ltd., a company incorporated and existing in New York State, the United States (“uCloudlink”, “we”, “our”, or “us”)  provides mobile data service and other services to users around the world.  It is your responsibility to read and understand the following terms and conditions, including any Local Law Terms(these “Terms and Conditions”) completely and thoroughly. You (the “Customer”) agree to and accept our Terms and Conditions by purchasing, leasing, installing, accessing, using or visiting our products, apps, services, or websites (collectively the “Services”).

 

uCloudlink may amend or vary these Terms and Conditions from time to time to reflect changes in law, modifications to or updates of the Services. uCloudlink will notify Customer if such changes materially affect the rights of Customer under these Terms and Conditions. Changes will not apply retrospectively.

 

I.        Mobile WiFi Device

 

1.      Customer should use the mobile WiFi device purchased or leased from us (the “Device”) in a careful and proper manner and in accordance with the instructions in the user manual for the Device.

 

2.      Customer may order a Device (for purchase or lease) to be delivered by courier or may arrange to collect the Device at uCloudlink’s specified sales network as listed. If you are located in the United States of America, all deliveries placed after 3pm Eastern Standard Time Monday to Friday will be treated as being placed on the next business day.  Delivery times and costs for other locations are available. Our standard delivery dates are Monday to Friday (excluding public holidays). Delivery dates are estimates only. As we process your order, we will inform you if your order is unavailable or will be delayed for any reason.

 

3.      After using all pre-paid mobile data allowances, Customer will be able to purchase additional mobile data allowances through our website or App.[4]

 

4.      The purchase price or the rental for the Devices will be charged to Customer’s credit card or collected through other payment methods at the point of sale or lease.

 

5.      If Customer desires to extend the lease term, Customer may contact our Customer Service Team at least one (1) working day before expiry of the original lease term. In case of early return of the Device before expiry of lease term, Customer will not entitled to refund of unused mobile data allowances.

 

6.      If Customer cancels a lease order after shipment of the leased Device, Customer agrees to compensate uCloudlink [$19.90] for the cancellation.

 

II.      Mobile Data Service

 

1.      Customer acknowledges that the mobile data allowances purchased by or otherwise made available to Customer via the Services are provided by third party telecommunication service providers. As such, uCloudlink cannot and does not guarantee continuous, fault-free operation of its mobile data service and Customer should consult the relevant terms of service provided by the third-party telecommunication services provider.   

 

2.      If Customer experiences any difficulty using our mobile data service, our Customer Service Teams are available on website homepage.

 

III.    Return of Device

 

1.      Unless a different position is set out in the Local Law Terms, Customer is entitled to return the Device for an exchange, if Customer notifies uCloudlink within 30 days of delivery of the Device and one or more of the following conditions is met:

 

(a)    the Device delivered to Customer is not what the Customer ordered;

 

(b)    the Device was damaged when delivered to Customer;

 

(c)    the Device is not functioning properly; or

 

(d)    there is a missing part or accessary of the Device.

 

2.      When a Device is returned, it should be returned here in its original condition with packaging, together with all of its accessories, user manual and receipt.

 

3.      In respect of leased Devices,

 

(a)    within three (3) days following the expiry of the lease term, Customer shall return the leased Device in good working condition and follow the shipping instructions contained in the Device’s user manual. If Customer fails to return the leased Device with the above time limit, she/he shall be subject to late fees specified here. Such late fees shall accrue on a daily basis from the due date until actual return of the Device, but the maximum aggregate late fees shall be [$100.00/device].[1] 

 

(b)    In case a leased Device is damaged or lost, Customer agrees to compensate uCloudlink in accordance with Exhibit 1.

 

 

IV.    Pricing, Billing and Payment

 

1.      The rates payable for the mobile data service are listed on the checkout page. All Service Charges are payable in advance. A record of your Service Charges paid and data usage can be found on the website and/ or on your app.

 

2.      If you pay for your Services using Paypal, Braintree, Paypal or Stripe, you acknowledge and agree that the processing of such payment shall be handled by that third party and will be subject to their terms and conditions and your data will be handled by them in accordance with their privacy policy. You must review these third party terms before proceeding.

 

V.      Termination

    

The use of all Services may be terminated or suspended without notice by uCloudlink if uCloudlink has reason to believe (each a “Termination Events”): (i) that the Device was obtained by any misrepresentation or fraudulent means; (ii) that any meter in the Device has been tampered with; (iii) that the Device is or has been used for any illegal or improper purpose, or in violation of applicable laws; (iv) Customer is in breach of any of these Terms and Conditions including the payment terms by the Customer; or (v) possible theft or fraud or has detected unusually high usage. You are not eligible for a refund of any amounts paid to uCloudlink if uCloudlink terminates or suspends your Services upon occurrence of a Termination Event.

 

VI.    Fair Use Policy

 

In some countries, a Fair Use Policy (“FUP”) may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a throttling down (slow down) of the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold uCloudlink liable for any FUP, throttling, or related issues which could affect the performance of the Device or the Customer’s usage experience. For more information, please see your applicable Local Law Terms.

 

VII.  uCloudlink’s Liability

 

1.      UNLESS A DIFFERENT POSITION IS SET OUT IN THE LOCAL LAW TERMS, UCLOUDLINK MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE DEVICE OR DATA SERVICES FURNISHED UNDER THESE TERMS AND CONDITIONS. EXCEPT AS SET FORTH HEREIN, UCLOUDLINK DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE DEVICE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

2.      Unless a different position is set out in the Local Law Terms and subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify, defend and hold harmless uCloudlink, its affiliated companies, and officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers of uCloudlink and its affiliated companies against all claims, demands and liabilities arising out of or in connection with the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the Services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of these Terms and Conditions.

 

3.      UCLOUDLINK’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. UCLOUDLINK WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST UCLOUDLINK FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL AND ANTICIPATED SAVINGS, AND PUNITIVE DAMAGES) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE DEVICE OR THE FAILURE OF THE DEVICE TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICES) OR FAILURE OF THE SERVICES. UCLOUDLINK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AGGREGATE PURCHASE PRICE THE CUSTOMER PAID FOR THE DEVICE AND THE MOBILE DATA ALLOWANCES.

 

4.      The Customer shall be liable to uCloudlink for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce uCloudlink rights under these Terms and Conditions.

 

5.      uCloudlink reserves the right to deactivate the Device at any time and without notice to the Customer, in the event that uCloudlink detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and uCloudlink shall have no liability whatsoever to the Customer for such deactivation.

 

VIII. Assignment

 

uCloudlink may, in its sole discretion, transfer or assign these Terms and Conditions and may novate or transfer any, all or any portion of its duties under these Terms and Conditions. uCloudlink may engage subcontractors to carry out any of its obligations under these Terms and Conditions. You may not assign these Terms and Conditions without uCloudlink’s prior consent.

 

IX.    General

 

1.      The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

 

2.      No waiver by uCloudlink of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

 

3.      These Terms and Conditions constitute the entire agreement between uCloudlink and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use of the Device or the Services, other than as set forth herein.

 

4.      uCloudlink is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes uCloudlink’s monitoring and recording of data concerning the Customer’s account or the Services and consents to uCloudlink’s use of automatic dialing equipment to contact the Customer. uCloudlink has the right to intercept and disclose transmissions in order to protect its rights or property as permitted by applicable laws.

 

5.      uCloudlink has a right to amend these Terms and Conditions where required for security purposes, where there are changes in applicable law or where there are changes to the underlying service, provided such changes are not detrimental to the Customer. In such cases, uCloudlink will send notice to Customer of such changes by email , or by any other reasonable means.

 

6.      Where there is a conflict between these Terms and Conditions and the Local Law Terms, the Local Law Terms will prevail.

 

7.      This Terms and Conditions shall be governed by and be interpreted in accordance with the laws of New York State.

 

 

X.      Contact Us

 

If you have any questions or would like to talk to us about your use of the Services, please contact us by email at:

·       supportus@ucloudlink.com, if you are located in the US;

·       glocalmeconnect@outlook.com, if you are located in the UK or EU; or

·       service@ucloudlink.com, if you are located in other countries or territories.

 

 

 

Local Law Terms 

 

1.  UK

1.1 Goods purchased online have a statutory 14 day return period, as such Customers in the UK are entitled to return the Device within 14 days of receiving the same, without requiring any of the conditions set out in Clause II(2) of the Terms and Conditions.

1.2 All prices are inclusive of VAT.

1.3 Clauses VI(2), (4) and (5) of the Terms and Conditions shall not apply to Customers in the UK.

 

2.  US

1.  [uCloudlink reserves the right to invoice Customer to recoup costs associated with the payment of fees, surcharges, or other contribution obligations imposed on uCloudlink (which have not otherwise already been paid to uCloudlink by Customer) by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services to Customer (including, without limitation, applicable franchise fees, if any). uCloudlink may exercise such right regardless of whether uCloudlink or its affiliates are required or explicitly authorized by applicable law to (A) pass through such fees, surcharges, or other contribution obligations to Customer or (B) collect such fees, surcharges, or other contribution obligations from Customer. These obligations may include those imposed on uCloudlink or its Affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that uCloudlink or its Affiliates are required to collect from Customer or to pay to others in support of statutory or regulatory programs. For example, Customer may be charged a monthly regulatory recovery fee (not to exceed uCloudlink’s actual cost for the same) to help defray uCloudlink’s contributions to municipal, state, and federal programs including, without limitation, universal service, telecom relay services for the visually/hearing impaired, and 911/E911 programs and infrastructure. This regulatory recovery fee is not a tax, and it is not government-mandated. In addition, some government-related costs, taxes, and fees may be billed separately, all of which may be changed with or without notice.] 

 

 

Exhibit 1

 

Damaged or  Lost Item

Description of Damage

Compensation  Standards

Device

If the Device is lost, wetted,  or broken or the Device becomes dysfunctional for any reason whatsoever

US$100.00/device

USB cable for the Device

Missing or damaged USB cable

US$5.00/device

Pouch for the Device

Missing or damaged pouch for  the Device

US$5.00/device